Wyo. Code R. 040-0001-53
Effective Date: 09/15/2022 to Current
Rule Type: Current Rules & Regulations
Reference Number: 040.0001.53.09152022
Section 1. Authority. These regulations are promulgated by authority of Wyoming Statutes § 23-1-302, § 23-2-208 and § 23-4-101.
Section 2. Definitions. Definitions shall be as set forth in Title 23, Wyoming Statutes, Commission regulations, and the Commission also adopts the following definitions:
(a) 'Individual' means one (1) person. It does not mean a partnership, corporation, trust, limited liability company, homeowners associations or similar type organizations.
(b) 'Landowner Fishing Lake or Pond' means a lake, pond or ponds which derive their source of water from surface runoff, natural springs or wells; are wholly contained by the private land of an individual; and in which other game fish regulated by the Commission do not occur at the time of application by the individual.
Section 3. Application for Landowner Fishing Lake or Pond. Individuals desiring to have a lake or pond designated as a landowner fishing lake or pond shall make application on a form provided by the Wyoming Game and Fish Department (Department) and submit said application to the Chief of Fisheries in Cheyenne. The Chief of Fisheries will notify the applicant in writing within forty five (45) days of receipt of the application as to whether or not said water(s) is designated as a landowners fishing lake or pond.
(a) Stocking shall be conducted in accordance with Commission Regulation Chapter 49, Private Stocking of Cold-Blooded Wildlife.
(b) Fish may only be taken by legal fishing methods. The individual landowner and the landowner's spouse, children and grandchildren may fish in the lake, pond or ponds without first obtaining a fishing license. There shall be no creel limit for persons eligible to fish without a license. All other persons who may fish the landowner's fishing lake or pond shall take fish in accordance with Commission Regulation Chapter 46, Fishing Regulations.
(c) The individual landowner shall issue a written statement to any person removing fish from the landowner's fishing lake or pond. That statement shall include the species and number harvested, date harvested, landowner name, and name of person in possession of harvested fish. The person in possession of the harvested fish shall retain possession of the written statement while in possession of the fish.
(d) Designation as a landowner fishing lake or pond shall expire on the last day of the calendar year that is five (5) years after the date of designation or upon the sale or transfer of the land containing the designated lake, pond or ponds.
(e) The Department may deny or rescind the designation as a Landowner Fishing Lake or Pond if the landowner fails to comply with any portion of this regulation.
Section 5. Requesting an Appeal to a Department Decision. The applicant for designation of a water as a landowner fishing lake or pond may appeal a Department decision made under the authority of this regulation by submitting a written request for reconsideration to the Chief of Fisheries at Department headquarters within thirty (30) consecutive days from the date of receipt of their denial letter. If an applicant fails to request an appeal within thirty (30) consecutive days from the date they received notification that their application has been denied, the applicant shall waive their ability to make any future appeal requests regarding the Department's decision. Appeals shall be conducted in accordance with the Department Decision Appeals Process described in Commission Regulation Chapter 51, Private Fish Hatcheries.
Section 6. Effective Date. These regulations are effective January 1, 2023 and shall remain in effect until modified or rescinded by the Commission.
WYOMING GAME AND FISH COMMISSION
By: Kenneth Roberts, President
Dated: July 19, 2022